Heavy Vehicle National Law - Victoria Class 3 Road Friendly Suspension Mass Exemption Notice 2019 (No.1)

Overview

The National Heavy Vehicle Law Victoria Class 3 Road Friendly Suspension Mass Exemption Notice 2019 (No.1) was enacted to address the need for specific exemptions to mass requirements for certain Class 3 heavy vehicles fitted with certified road friendly suspension in Victoria. This legislative instrument was made under Section 117 of the Heavy Vehicle National Law (HVNL) as in force in each participating jurisdiction and was enacted by the relevant legislature. The primary objective of this Notice is to provide flexibility in the operation of eligible vehicles by exempting them from certain mass limitations, while ensuring that the safety and integrity of Victoria's road network are maintained. The Notice replaces previous declarations and provides updated mass exemption limits for eligible vehicles. This Notice applies to eligible vehicles operating in Victoria and exempts them from specific mass requirements set out in the Heavy Vehicle (Mass Dimension and Loading) National Regulation (MDL Regulation). Eligible vehicles can operate on all roads in Victoria, with specific conditions applying for vehicles with tri-axle groups exceeding 20.0 tonnes. The Notice also outlines mass limits for single axles and axle groups when fitted with road friendly suspension, and requires compliance with the mass limits relating to axle spacing set out in Table 2 in s6 of the MDL Regulations. Operators of vehicles with tri-axle or quad-axle groups exceeding 20.0 tonnes must be accredited under the Mass Management Module of the National Heavy Vehicle Accreditation Scheme.

Scope and Application

The Victoria Class 3 Road Friendly Suspension Mass Exemption Notice 2019 applies to eligible Class 3 heavy vehicles operating within Victoria, which are defined as vehicles that are not towing a dog trailer, pig trailer, or tag trailer and consist of a prime mover and one semi-trailer. These vehicles must be equipped with a certified road-friendly suspension system to qualify for the exemptions from certain mass requirements specified in the Heavy Vehicle (Mass Dimension and Loading) National Regulation. The Notice, which replaces previous Victorian declarations, allows eligible vehicles to operate on all roads in Victoria, subject to specific conditions related to the type of axles and tyres fitted with the road-friendly suspension system, and mass limits. Vehicles with a tri-axle group exceeding 20.0 tonnes may access a designated network in Victoria. The Notice also mandates that operators of vehicles whose tri-axle or quad-axle group exceeds 20.0 tonnes must be accredited under the Mass Management Module of the National Heavy Vehicle Accreditation Scheme. This Notice commences on 10 February 2019 and will expire on 9 February 2024.

Key Provisions

The main operative sections of the Victoria Class 3 Road Friendly Suspension Mass Exemption Notice 2019 (No.1) provide exemptions from mass requirements for eligible vehicles fitted with certified road friendly suspension. Section 8 of the Notice exempts eligible vehicles from the mass requirements specified in Schedule 1 of the Heavy Vehicle (Mass Dimension and Loading) National Regulation (MDL Regulation). These exemptions include mass limits for single axle groups (Section 4) and mass limits relating to axle spacing (Section 5). Section 9 permits eligible vehicles to operate on all roads in Victoria, with specific conditions for vehicles with a tri-axle group exceeding 20.0 tonnes, which may access a designated network. The Notice imposes several obligations on the parties it governs. Eligible vehicles must have road friendly suspension fitted on specific axle configurations (Section 10(1)). They must also adhere to the mass limits specified in Table 1 for single axles and axle groups, which are increased by specified amounts for vehicles with road friendly suspension (Section 10(2)). Additionally, if the vehicle is a combination of a motor vehicle and a semi-trailer, it must comply with modified mass limits as stated in Section 10(3). Operators of vehicles with tri-axle or quad-axle groups exceeding 20.0 tonnes must be accredited under the Mass Management Module of the National Heavy Vehicle Accreditation Scheme (Section 11). The Notice also outlines penalties and consequences for breach. While the Notice does not specify explicit offences, violations of the conditions and requirements set out in the Notice may lead to civil or criminal consequences. Breaches of the Heavy Vehicle National Law (HVNL) or the MDL Regulation, which this Notice operates under, can result in fines and other penalties. The maximum penalties for breaches of the HVNL can vary, but they often include significant fines and, in some cases, imprisonment. Therefore, compliance with the Notice is crucial to avoid potential legal and financial repercussions.